11-06-1973 Regular Meeting 1011
REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
November 6, 1973
The regular meeting of the Miami Shores Village Council was held
at 4:00 o'clock p.m. , November 6, 1973, at the Village Hall, with the follow-
ing Councilmen present:
Mayor James W. Condit
Raymond L. Clement
Elwood Jones
Harry F. Smenner, Jr.
Absent: Dean R. Claussen
Mr. John W. McIntyre, Village Manager, and Mr. Thomas H.
Anderson, Village Attorney, were also present.
The meeting was opened with an invocation given by Rev. Harold
Davenport of the Miami Shores Community Church.
Minutes of the meeting of October 16, 1973, were corrected as to
Mr. Smenner's remarks on Page 3 and then moved approved as amended by
motion made by Mr. Jones, seconded by Mr. Clement and carried. Minutes
of the work session of October 30, 1973 were accepted as written by motion
made by Mr. Jones, seconded by Mr. Smenner and passed.
Planning Board minutes.
At the last Planning Board meeting a recommendation was made to
the Nelecar Corporation that the recreation building under construction along
with the condominium apartments in the El Portal Subdivision, be moved back
from the front property line to meet the 25 ft. setback. The 15 ft. setback
used on this building was not officially recognized when the plans were sub-
mitted nor approved. Other points the Planning Board brought up were the
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drainage along 87th Street and approval of a maintenance plan. Mr. Albert
Caruana, attorney for the Neleca.r Corporation and R & L Developers, Inc. ,
stated that the builder is taking care of the drainage and that the articles of
incorporation provide for the maintenance of the premises after construction.
As to moving the building back, Mr. Caruana pointed out that the plans were
submitted to the Planning Board on three different occasions; they were
scrutinized and finally submitted and approved on March 31, 1973, following
which a building permit was issued. Mr. Caruana stated that the building is
substantially complete, that every effort was made to comply with the regulations
of this community, and asked that the Council reconsider the Planning Board
request and permit the building to remain where it is.
After further discussion Mr. Clement moved that the Council uphold
the action of the Zoning Board. The motion was seconded by Mr. Jones and
passed 3/1 with the Mayor dissenting.
Mr. Jack Hockinson on aircraft noise.
Mr. Hockinson stated he had learned, as previously reported, that the
flight pattern out of International Airport had been changed in January of this
year resulting in more aircraft being flown over Miami Shores. He further
contended that by complaining to the proper authorities this policy could be
changed. Mr. Clement moved that the Village Manager contact the proper
officials in regard to this subject and give the Council a report. The motion was
seconded by Mr. Smenner and passed.
Mr. Thomas Dorsey, representing the Fire Fighters Union.
Mr. Dorsey was present on behalf of the Fire Fight-ers Union to
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discuss the proposed Union contract. The Mayor stated that the Council had
just received the first draft (of the Village's proposal). Mr. Dorsey asked
that they be notified when it comes up at a work session.
Review of the Country Club Association Ballot as to Social
Members running for office and voting.
A discussion took place concerning the By-laws of the Country Club
Association which limit voting privileges to golf, tennis and pool members.
Because the Nominating Committee failed to take this into consideration in
preparing their ballot and in mailing it out to the members, including Social
members, arguments were heard pro and con the validity of the ballot and how
the Country Club should be run. Mr. Clement moved that this ballot be declared
illegal and that the Village Manager instruct the Country Club what to do about
the next ballot. The motion was seconded by Mr. Jones and passed.
Letter of commendation to the Police Department.
Mayor Condit read a letter he had written to Chief Fletcher commend-
ing the Police Department for its work in breaking a recent case'of trafficing
in drugs. Special credit was given Chief Fletcher, Sgt. Michael Zoovas, Sgt.
James Brenton and Officer Daniel Hughes.
Authority for the Tennis Club to accept the offer of Chevron
Asphalt Co. to install a grass-like surface over one of the
existing hard courts.
Upon a recommendation from the Tennis Committee, Mr. Jones
moved that this be done. The motion was seconded by Mr. Clement and
passed unanimously.
Village Manager's report on alley shrubbery.
The Manager previously mailed a report to the Council outlining
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a program of notifying property owners who have shrubbery and trees extend-
ing into the alleys, with the enforcement of cutting back this growth to be
effected by use of Chapter 11 or Chapter 14 of the Village Code.
Bills for October, 1973.
After review of the current bills Mr. Clement moved that they be
approved. The motion was seconded by Mr. Smenner and passed.
Ordinances - first reading:
(a) AN ORDINANCE AMENDING ORDINANCE NO. 338 THE
SAME BEING SECTION 10-22, ARTICLE II OF THE
MIAMI SHORES VILLAGE CODE OF ORDINANCES IN
REGARD TO GARBAGE AND TRASH COLLECTION FEES.
This ordinance establishes new garbage and trash
collection fees.
Upon motion made by Mr. Smenner and seconded by Mr.
Jones the above read ordinance was passed on first reading.
(b) AN ORDINANCE AMENDING ORDINANCE NO. 359 THE
SAME BEING SECTION 15-49, ARTICLE III OF THE MIAMI
SHORES CODE OF ORDINANCES DEALING WITH ELIGIBILITY
OF PERSONS TO HOLD SOCIAL, POOL OR TENNIS MEM-
BERSHIPS IN THE MIAMI SHORES VILLAGE COUNTRY CLUB
AND THE CONDITIONS FOR SUCH PARTICIPATION.
This ordinance was for the purpose of extending social
membership in the Country Club to the owners of licensed
businesses operating within Miami Shores. Mr. Smenner
moved that the ordinance be approved as read. The motion
was seconded by Mayor Condit. After discussion, the vote
was taken but the motion failed to carry with Messrs. Clement,
Jones and Smenner dissenting.
Resolutions - first reading:
(a) A RESOLUTION TO DADE COUNTY REQUESTING FIVE
HAND-HELD RADIOS FOR THE MIAMI SHORES POLICE
DEPARTMENT THROUGH THE LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION GRANT.
It was reported that these radios will cost the Village
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$1, 000 but that the Biscayne Kennel Club has offered
to make this payment.
Upon motion made by Mr. Jones and seconded by Mr. Clement
this resolution was passed on first.reading.
(b) A RESOLUTION AUTHORIZING THE MAYOR AND THE
VILLAGE MANAGER TO EXECUTE A SECURITY AGREE-
MENT WITH PEOPLES FIRST NATIONAL BANK OF
MIAMI SHORES TO FINANCE THE PURCHASE OF
THIRTY-ONE ELECTRIC GOLF CARS FOR THE GOLF
COURSE.
Upon motion made by Mr. Clement and seconded by
Mr. Jones this resolution was passed on first reading.
(c) A RESOLUTION AUTHORIZING THE MAYOR AND THE
VILLAGE MANAGER TO EXECUTE THE NECESSARY
CHATTEL MORTGAGE OR RETAIN TITLE CONTRACT
WITH PEOPLES FIRST NATIONAL BANK OF MIAMI
SHORES TO FINANCE THE PURCHASE OF TWO
INTERNATIONAL TRUCKS.
Upon motion made by Mr. Clement and seconded by
Mr. Jones, this resolution was passed on first reading.
Unfinished Business:
(a) Request for nurses to ride the emergency vehicle.
Mr. Jones moved that the Council approve the request for
a period of six months using the release from liability form prepared
by the Village Attorney for each employee, and to come back for re-
consideration after that time. The motion was seconded by Mr. Clement
and carried.
Mr. Howard McLaughlin asked the Council what the Golf Association
should do for officers prior to the next ballot outcome. Mayor Condit moved
that the present officers be held over until the next election. The motion was
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seconded by Mr. Jones and carried.
Mrs. Biddy Lang asked again for night meetings. The Mayor
instructed that this be put on the agenda for the next meeting.
The meeting adjourned at 6:15 p.m.
Village Clerk
APPROVED:
LVA
yor